120 Mich. 310
Decided June 5, 1899
Michigan Supreme Court · decided 1899-06-05
Bill by Ezra Heath, administrator of the estate of Joshua A. Heath, deceased, against Selah Heath, to set aside a deed. From a decree for complainant, defendant appeals. Joshua A. Heath died December 1, 1895. Until August 14th of the same year he resided upon his farm in Fair-grove, Tuscola county. He was the owner of 120 acres of land. Complainant was appointed administrator. Claims were allowed against, the estate amounting to $594.95.
Affirmed · Decided 1899-06-05
¶1(after stating the facts). No legal questions are involved. The question is one of fact purely, and the result depends entirely upon the credit to be given to the testimony. On all the facts there is a direct and sharp conflict of evidence. It would be unprofitable to state it in detail. We see no occasion to disturb the con-' elusion reached by the circuit judge, who saw the witnesses, and was in a better position than we to judge of their credibility.
¶2Decree affirmed, with costs.